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Wake Forest Board of Commissioners Work SessionMeeting Agenda
October 06, 2020 at 5:30 PM
1. Presentations
1.1. Presentation of the North Carolina League of Municipalities Law Enforcement RiskReview to the Wake Forest Police Department – Presenter: Matthew A. Selves –Public Safety Risk Management Consultant with the North Carolina League ofMunicipalities NCLM_PD_Risk_Management_presentation.docxWake Forest PD 8-24-2020.jpg
1.2. Presentation of APA-NC Marvin Collins Specialized Plan Award for the Wake ForestComprehensive Transportation Plan
1.3. Presentation of Town Advisory Boards and Town Events Advisory_Boards-summary10.6.2020.docx
1.4. Presentation of the Public Art Plan PAC-Plan-summary.docxProposed Public Art Plan 2021.docx
1.5. Presentation of Zoning Enforcement Violations Dashboard
1.6. Discussion of an Agreement with the North East Community Coalition (NECC) for aCommunity Garden on Town-own land NECC Summary.docxProposal for N. Taylor St to Tilda_JMitchell edits[1].pdf504 N. Taylor Street.pdf
2. Discussion of Monthly Financial Report
2.1. Financial Summaries August 31, 2020 Financial Summaries.pdf
3. Review of Draft Agenda for Upcoming Regular Meeting
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Wake Forest Board of Commissioners Work SessionOctober 06, 2020 Page 2
3.1. Review of the 10-20-20 Draft Agenda 10-20-20-draft-agenda-revised.pdf
4. Other Business
4.1. Approval of Chapter 26- Solid Waste Code updates Chapter26_CodeUpdates.pdfChapter 26 Code-summary.docxResolution2020-Solid Waste Code Updates.docx
4.2. Resolution to Ratify Action taken by the Board of Commissioners to Approve theResolution Approving in Principle The Issuance Of Not To Exceed $11,500,000 ofPublic Finance Authority Educational Facilities Revenue Bonds (Endeavor CharterSchool Project), Series 2020 for the Benefit of Endeavor Charter School Endeavor_charter_bond_resolution_ratification-summary.docxTEFRA Resolution - Wake Forest - Endeavor 2020.DOCX
5. Commissioner Reports
6. Adjournment
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Board of Commissioners Work Session AgendaItem Report
Agenda Item No.: 2020-303-Submitted by: Jeff Leonard Submitting Department: Public Safety Meeting Date: October 6, 2020
SUBJECTPresentation of the North Carolina League of Municipalities Law Enforcement Risk Review to the Wake Forest PoliceDepartment – Presenter: Matthew A. Selves – Public Safety Risk Management Consultant with the North CarolinaLeague of Municipalities
Recommendation:
Item Summary:
ATTACHMENTS NCLM_PD_Risk_Management_presentation.docx Wake Forest PD 8-24-2020.jpg
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Agenda Item: Presentation from Matthew Selves, NCLM Risk Management to the Police Department for Successful Completion of the Law Enforcement Risk Review
Summary: The purpose for this law enforcement risk review is to assess an agency’s adherence to best practices, court decisions, and policies and procedures related to high liability activities in law enforcement. The goal is to mitigate liability exposures, enhance officer safety, and validate that training and operating procedures are meeting industry standards. The risk management review was designed and peer-reviewed by a panel of police chiefs representing a cross section of N.C. law enforcement agencies and is available to those agencies who participate in the League’s property and liability insurance pool.
The Law Enforcement Risk Review involved proofs of compliance through policy and action. The following principle areas were evaluated:
1. Policy: Does the department have a sound policy based upon professional thinking, court decisions and statutes, and on the principle of “foreseeability”?
2. Training: Officers are expected to follow the department policy and trained in the use of the policy. The department provides framework for the testing of officers in policy and practice.
3. Supervision: Supervisors are engaged with subordinate staff in supporting performance excellence.
4. Performance Management: A clear disciplinary process is in place and officers are held accountable for the violations of rules and polices.
5. Review and Revision: The department utilizes a system of review for high liability incidents involving the analysis of internal affairs investigations, civilian complaints, early warning system information, use of force, and officer/suspect injury patterns.
6. Legal Counsel Review: The department maintains current policies within a revision cycle supported by legal and management oversight
Matthew Selves with the NC League of Municipalities Risk Management will recognize Chief Leonard and the department with a plaque for successful completion of the Law Enforcement Risk Review.
Attachment: picture of the plaque
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Board of Commissioners Work Session AgendaItem Report
Agenda Item No.: 2020-321-Submitted by: Courtney Tanner Submitting Department: Planning Meeting Date: October 6, 2020
SUBJECTPresentation of APA-NC Marvin Collins Specialized Plan Award for the Wake Forest Comprehensive TransportationPlan
Recommendation:
Item Summary:
ATTACHMENTS
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Board of Commissioners Work Session AgendaItem Report
Agenda Item No.: 2020-347-Submitted by: Candace Davis Submitting Department: Administration Meeting Date: October 6, 2020
SUBJECTPresentation of Town Advisory Boards and Town Events
Recommendation:At the September 1, 2020 Board Work Session, staff recommended several changes to streamline Advisory Boardsand Town Events. Staff will provide an update regarding the feedback received from the affected Advisory Boards andfinal recommendations.
Item Summary:
ATTACHMENTS Advisory_Boards-summary10.6.2020.docx
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Agenda Item: Presentation of Advisory Boards and Town Events
Summary: At the September 1, 2020 Board Work Session, staff recommended several changes to streamline Advisory Boards and Town Events. Staff will provide an update regarding the feedback received from the affected Advisory Boards and final recommendations.
Attachments:
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Board of Commissioners Work Session AgendaItem Report
Agenda Item No.: 2020-346-Submitted by: Lisa Hayes Submitting Department: Meeting Date: October 6, 2020
SUBJECTPresentation of the Public Art Plan
Recommendation:
Item Summary:
ATTACHMENTS PAC-Plan-summary.docx Proposed Public Art Plan 2021.docx
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Agenda Item: Presentation of the Public Art Plan
Summary: To present the work of the Public Art Commission’s annual public art plan and request to continue the projects.
Attachments: Draft Public Art Plan for FY20-21
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Public Art Plan
The Public Art Commission requests a four-year extension of both the temporary Wake Forest Sculpture exhibit and the Spotlight on Wake Forest Artists mural exhibit. Selected sculptures and murals would remain installed for a two-year cycle. Possible new locations for murals include the former Suntrust building and the former NAPA building. The Flaherty Park and Alston Massenburg locations will be discontinued as the wall surfaces are not conducive to mural adherence. Sculpture selection would begin upon your approval, and sculptures would be installed soon thereafter. Mural selections would follow with installation in July 2021.
The PAC has submitted an NEA grant proposing three projects. The major portion of potential grant funding would provide an artist consultant to work with the community in designing the Northeast Community Plan. This work would include the design and installation of at least one piece of public art. The grant proposal also includes sculptural markers for the downtown area. These markers would be reminiscent of the wolves in Raleigh and the bulls in Durham. The Wake Forest markers are in the shape of a leaf to reflect the town and Downtown Wake Forest logos. Local artists will be commissioned to create designs for the markers. The final component of the grant is to commission an artist to design and install a large, colorful crosswalk to be painted on Elm St between The Forks cafeteria and the Renaissance Centre parking lot. The proposed National Endowment for the Arts grant decision will be made in April 2021 and the projects would be done beginning in July 2021- June 30, 2022. We are hopeful to be coming back in April to seek your approval to accept the awarded grant funds.
The PAC also proposes working in conjunction with Wake Forest Downtown, Inc to commission and install crosswalk designs for the underpass intersection. This project is slated to begin with an artist call upon commissioner approval.
Placement at the Renaissance Centre Placement at Smith Creek Soccer Park
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Board of Commissioners Work Session AgendaItem Report
Agenda Item No.: 2020-350-Submitted by: Patrick Reidy Submitting Department: Planning Meeting Date: October 6, 2020
SUBJECTPresentation of Zoning Enforcement Violations Dashboard
Recommendation:
Item Summary:
ATTACHMENTS
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Board of Commissioners Work Session AgendaItem Report
Agenda Item No.: 2020-353-Submitted by: Kip Padgett Submitting Department: Administration Meeting Date: October 6, 2020
SUBJECTDiscussion of an Agreement with the North East Community Coalition (NECC) for a Community Garden onTown-own land
Recommendation:
Item Summary:
ATTACHMENTS NECC Summary.docx Proposal for N. Taylor St to Tilda_JMitchell edits[1].pdf 504 N. Taylor Street.pdf
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NECC Summary
The Northeast Community Coalition (NECC) has operated a community garden for several years. They have been informed the land they are now using will not be available in the coming years. The Town owns property at 504 N. Taylor Street and the NECC has requested they be allowed to use the property for a community garden. They have received CARES Act funding and plan to build a shed on site as well.
Attachments:Aerial of 504 N. Taylor StreetProposal from NECC
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Northeast Community Coalition (NECC)
Wake Forest, NC
August 31, 2020
Dear Mayor Jones,
The Northeast Community Coalition (NECC) is appreciative of the support and partnership from
the Town of Wake Forest (TOWF). As NECC continues to focus its efforts on the unique priority
needs of the community, we are grateful for the opportunity to submit this proposal to the
TOWF. We are confident that the opportunity to expand the community garden will have a
positive and impactful impact on the Northeast community and residents for years to come.
The following correspondence details our request and proposal to use the vacant lot on North
Taylor Street for the NECC community garden. If you should have any questions, please feel
free to call me at 919-208-9395. Thank you for your time and consideration.
PROPOSAL FOR NECC GARDEN
Background: The Northeast Community Coalition (NECC) is a grassroots, resident-led, non-profit organization, consisting of Northeast neighborhood residents, local partners and community organizations. NECC is committed to enhancing the quality of life for Northeast Wake Forest residents through community events and programs with a strong focus on food security. Our Leadership Team consists of eight people and a lead community person. In 2019, NECC obtained non-profit status as a model affiliate community under the NC Community of Coalitions (NC3) 501C3 umbrella.
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NECC is experienced in providing needed communication, programs, events and support for Northeast End residents. During the pandemic, NECC has provided on-going information through recorded phone messages, community meetings, routine telephone “check ins” with residents, and provided general support such as transportation and food within the Northeast community and beyond.
A major and on-going focus for NECC continues to be food quality and security. NECC has provided information about food sources, volunteered/sponsored neighborhood food distributions, collaborated with the Summer Nutrition Program, sponsored cooking classes, and developed the community garden.
The NECC Community Garden is a neighborhood garden that has been in existence for three years and is located in the Northeast neighborhood of Wake Forest. We focus on crops of staples which are familiar to our residents. We rely on volunteers from the community and local partners for all garden activities, including planting, tending, cultivating and distribution.
Currently, the garden is located on E. Spring Street. The NECC is grateful for the free space provided by Spring Street Christian Church and Pastor Monroe. This site is small; therefore, limited produce has been planted. Very soon this site will no longer be available for our use.
Since 2017, the community garden has fed over 300 residents, including Fall and Spring produce distributions. Senior citizens are our top priority. NECC’s impact on food security has been limited by the small space available for the garden. This location is somewhat isolated with little visibility, and a lack of necessary tools.
Proposal Request:
In a recent survey, residents expressed appreciation for the provided produce and requested receiving a larger variety and quantity of fresh produce more frequently. Along with asking for a partnership with the TOWF, we desire to locate and make improvements to a vacant lot located next to 508 North Taylor Street, Wake Forest, NC, for a minimum of five years. NECC would conduct and provide updates annually. NECC has solid plans and significant assets to contribute to developing this site for a larger “Community Garden and Event Center.” To encourage community participation, we will have a contest to name the garden. We are confident that this location would allow us to double the production of fresh produce for the community.
NECC Plans and Assets:
1) Suitability of North Taylor Street Lot: The vacant lot owned by the TOWF next to 508 North Taylor Street seems an ideal site for resident use for a larger garden and to be developed as a site for community programs and events. The vacant lot is significantly larger than the current site on Spring Street and is more visible, accessible, and closer to other residences.
2) Develop a Larger Community Garden and Space for Services/ Programs: NECC would expand the size of the current garden allowing residents access to a greater variety and quantity of
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fresh local produce. In addition, NECC would develop the site and offer additional programs and services to improve resident health and engagement.
3. NECC’s Goal to Increase Food Security and Quality: NECC is well-positioned to relocate and expand the current garden. NECC has a long-term commitment and involvement with food security in this community and has several successful years of growing food at the current garden site. Having a larger lot would allow NECC and the TOWF to improve food security and quality for more residents.
4) Assets: NECC has worked diligently over the last five years to build capacity to benefit the Northeast End and beyond. We have several assets related to the planned “Community Garden and Event Center.”
● In 2019 NECC successfully obtained 501C3 status as a model, Affiliate Community under a new non-profit---NC Community of Coalitions (NC3). This allows NECC and NC3 to obtain funding. One long term goal would be to develop funding to purchase the lot.
● As a non-profit, NECC submitted and was in August awarded $7,000 from the CARES funding through Wake County, to purchase tools and materials for the community garden. This grant will allow NECC to immediately develop the North Taylor Street lot for planting. It also allows funding to build a structure (shed/pergola) for volunteers to work, have classes, serve community meals, etc. NECC will place attractive signage, solar lights, benches and other features to make the garden site appealing and inviting and suitable for small events.
● NECC has supportive existing partners who will be asked to support this initiative. Based on past support from Lowe’s Heroes, Home Depot, Habitat for Humanity and local builders, we know this community garden will be a success.
● We have an experienced and dedicated Garden Coordinator and Northeast End resident, Theatric (Tee) Caudle.
● The NECC will take full responsibility for the land’s upkeep enhancing/improving the lot removing this responsibility from the TOWF. Enhancing this lot’s appearance will foster pride in the community among the residents.
● With the TOWF support of the NECC’s community garden initiative, this will build a better relationship and community visibility with the Northeast End residents.
5) Potential Services and Programs:
● Collaborate with the Alston Massenburg Center ● Pilot a “backyard garden” program ● Garden Gatherings (community meals) ● Partner with local partners (pre-school, school, University, local businesses) to volunteer
as groups in the garden. NECC will proceed with caution and follow all state and local recommendations regarding COVID-19 regulations Some of the proposed activities will be provided as safety allows.
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NECC appreciates and has benefitted in many ways from our partnership with the TOWF and with Mayor Jones. Thank you for your consideration and we look forward to further successful collaborations that will benefit the Northeast End residents.
Sincerely,
Tilda Caudle & NECC Leadership Team
Supported by NC Community of Coalitions
Mission Statement: The Northeast Community Coalition (NECC) aims to preserve the proud history of our community. Promote
and provide resident access to advancement opportunities and to project a positive future for our neighborhood and the
surrounding Wake Forest area. NECC uses a three-pronged strategy to include community investment, community
improvement and community involvement.
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DisclaimeriMaps makes every effort to produce and publish the most current and accurate information possible.However, the maps are produced for information purposes,and are NOT surveys. No warranties, expressed or implied,are provided for the data therein, its use,or its interpretation.
0 50 10025 ft
1 inch = 50 feet±19
Board of Commissioners Work Session AgendaItem Report
Agenda Item No.: 2020-355-Submitted by: Aileen Staples Submitting Department: Finance Meeting Date: October 6, 2020
SUBJECTFinancial Summaries
Recommendation:
Item Summary:
ATTACHMENTS August 31, 2020 Financial Summaries.pdf
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Town of Wake Forest
August 31, 2020
GENERAL FUND HIGHLIGHTS:
o Total year-to-date revenues are at 6.95% of annual budgeted amounts o Ad valorem taxes represent over 58% of the total budget – they are due September 1. Penalties and interest do not accrue until January
2021. Majority of this revenue source comes in towards the end of December and before January 6 o Unrestricted intergovernmental revenue (sales tax and utility franchise tax) represent over 19% of total budget. The first distribution of
these revenues will be received in mid-October o Restricted governmental revenue includes cost share proceeds from Wake County for fire service effective July 1, 2020 o Other financing sources include installment purchase proceeds, interfund transfers and appropriated fund balance – reflective later in
the fiscal year o Total year-to-date expenditures are at 15.77% of appropriations (includes encumbrances)
o Departments that are above the 16.67% guideline results from blanket purchase orders that are issued in July and August for services that cover the fiscal year or invoices that are paid at the beginning of the year (i.e. property, liability and worker’s comp insurance premiums)
o Net loss YTD (decrease in fund balance) is $3.3 million o Typical for General Fund to operate at a deficit first few months of fiscal year due to timing of property tax collections and
receipt of sales tax revenues
DEBT SERVICE FUND HIGHLIGHTS:
o $90,599 in debt service payments made in August o Net increase YTD (increase in fund balance) is $473,570
WF BIP:
o Economic development expenditures accounted for in BIP fund effective July 1, 2020 o Previous year to date expenditures are reflected on the General Fund financial summary
o Expenditures are at 6.03% which is below the guideline
DMSD HIGHLIGHTS:
o Majority of DMSD tax revenue will come in December and early January
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Page 2 – August 31, 2020
WFRC HIGHLIGHTS:
o Expenditures are at 8.30% which is below the guideline o Due to COVID-19 – revenues are significantly less than previous year to date – keep in mind program expenditures are less as well
comparative to prior fiscal YTD
ELECTRIC FUND HIGHLIGHTS:
o Total year-to-date revenues are 19.33% of budgeted amounts o Total expenses are at 13.32% (includes encumbrances)
o Purchase for resale – power for August is paid in September and not reflected in the attached o Net gain YTD is $1,520,237
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GENERAL FUND Monthly Target Percentage 16.67%August 31, 2020
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual Encumbrances (including encumbrances) (includes encumbrances) YTD Actuals
REVENUES Ad Valorem Taxes 32,957,500$ 2,873,250$ - 30,084,250$ 8.72% 1,818,163$ Other Taxes 58,500 2,410 - 56,090 4.12% 6,100 Unrestricted Intergovernmental 11,027,675 - - 11,027,675 0.00% - Restricted Governmental 1,695,695 255,578 - 1,440,117 15.07% - Permits and Fees 2,149,325 462,898 - 1,686,427 21.54% 375,773 Other Revenue 1,250,530 136,544 - 1,113,986 10.92% 217,164 Sales and Services 2,528,200 165,932 - 2,362,268 6.56% 247,777 Investment Earnings 165,000 1,439 - 163,561 0.87% 39,339 Other Financing Sources 4,221,400 - - 4,221,400 0.00% - General Fund Total 56,053,825$ 3,898,052 - 52,155,773 6.95% 2,704,315$
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual Encumbrances (including encumbrances) (includes encumbrances) YTD Actuals
EXPENDITURES 410 Board of Commissioners 676,070$ 72,914$ -$ 603,156$ 10.78% 71,436$ 415 Economic Development - - - - - 36,711 420 Administration 655,470 70,918 8,250 576,302 12.08% 58,438 425 Communications 935,055 116,427 196,663 621,965 33.48% 98,091 430 Human Resources 758,560 135,217 - 623,343 17.83% 130,250 435 Downtown Development 507,700 39,712 - 467,988 7.82% 62,402 440 Finance 1,276,425 164,022 - 1,112,403 12.85% 139,769 445 Management Information Systems 1,332,045 177,752 15,560 1,138,734 14.51% 114,446 480 Building Inspections 1,806,845 240,133 - 1,566,712 13.29% 263,672 490 Planning 2,464,340 214,629 319,457 1,930,254 21.67% 217,146 500 Public Facilities 2,437,775 457,550 505,252 1,474,973 39.50% 371,252 510 Police 12,893,285 1,638,884 17,374 11,237,027 12.85% 1,651,246 520 Fire 9,865,420 1,316,362 61,899 8,487,159 13.97% 1,538,336 530 Public Works Administration 297,180 60,487 - 236,693 20.35% 44,737 535 Urban Forestry 205,525 60,879 - 144,646 29.62% 24,952 540 Engineering 1,183,035 153,520 82,678 946,838 19.97% 307,831 550 Fleet Maintenance 487,755 85,369 294 402,092 17.56% 55,452 560 Streets 2,878,230 307,375 45,696 2,525,159 12.27% 316,744 580 Solid Waste 4,390,980 340,714 61,515 3,988,752 9.16% 165,139 620 Parks and Recreation 4,188,395 447,865 310,054 3,430,476 18.10% 534,032 999 Transfers 6,813,735 1,115,680 - 5,698,055 16.37% 864,476 General Fund Total 56,053,825$ 7,216,410 1,624,691 47,212,724 15.77% 7,066,558$
General Fund - Net Gain (Loss) (3,318,358)$ (4,362,242)$
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Debt Service Fund Monthly Target Percentage 16.67%August 31, 2020
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual (including encumbrances) (includes encumbrances) YTD Actuals
REVENUES Restricted Governmental 925,000$ - 925,000 0.00% - Permits and Fees 682,500 69,880 612,620 0.00% 68,586 Investment Earnings 3,500 4 3,496 0.00% 487 Other Financing Sources 5,191,185 854,364 4,336,821 16.46% 806,670 General Fund Total 6,802,185$ 924,249 5,877,936 13.59% 875,743$
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual (including encumbrances) (includes encumbrances) YTD Actuals
EXPENDITURES 440 Finance 4,695$ -$ 4,695$ -$ -$ 445 Information Technology 314,600 - 314,600 0.00% - 480 Building Inspections 101,740 51,185 50,555 50.31% 52,448 500 Public Facilities 854,235 306,352 547,883 35.86% 313,909 510 Police 605,805 - 605,805 0.00% - 520 Fire 384,950 38,181 346,769 9.92% - 540 Engineering 10,450 - 10,450 0.00% - 550 Fleet Maintenance - - - 0.00% - 560 Streets 1,144,555 20,933 1,123,622 1.83% 38,475 570 Powell Bill 1,267,990 14,747 1,253,244 1.16% - 580 Solid Waste 89,195 - 89,195 0.00% - 620 Parks and Recreation 2,023,970 19,281 2,004,689 0.95% 100,122 General Fund Total 6,802,185$ 450,679 6,351,506 6.63% 504,954$
General Fund - Net Gain (Loss) 473,570$ 370,789$
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DMSD Special Revenue Fund Monthly Target Percentage 16.67%August 31, 2020
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual Encumbrances (including encumbrances) (includes encumbrances) YTD Actuals
REVENUES Ad Valorem Taxes 99,300$ 15,395$ - 83,905$ 15.50% 5,072$ Investment Earnings 2,700 41 - 2,659 1.51% 661 Other Financing Sources 37,000 - - 37,000 0.00% - DMSD Special Revenue Fund Total 139,000$ 15,436 - 123,564 11.10% 5,733$
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual Encumbrances (including encumbrances) (includes encumbrances) YTD Actuals
EXPENDITURES Transfers In (Out) 139,000$ -$ -$ 139,000$ 0.00% -$ DMSD Special Revenue Fund Total 139,000$ - - 139,000 0.00% -$
Downtown District - Net Gain (Loss) 15,436 5,733
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Wake Forest Renaissance Centre Monthly Target Percentage 16.67%August 31, 2020
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual Encumbrances (including encumbrances) (includes encumbrances) YTD Actuals
REVENUES Sales and Services 162,400$ 1,606$ -$ 160,794$ 0.99% 42,119$ Other Revenue 142,000 - - 142,000 0.00% 10,511 Other Financing Sources 394,810 46,419 - 348,391 11.76% 57,806 WFRC Fund Total 699,210$ 48,025 - 651,185 6.87% 110,436$
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual Encumbrances (including encumbrances) (includes encumbrances) YTD Actuals
EXPENDITURES 626 Wake Forest Renaissance Centre 699,210$ 58,025$ -$ 641,185$ 8.30% 86,395$ WFRC Fund Total 699,210$ 58,025 - 641,185 8.30% 86,395$
WFRC Fund - Net Gain (Loss) (10,000)$ 24,042$
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Wake Forest Business and Industry Partnership Fund (BIP) Monthly Target Percentage 16.67%August 31, 2020
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual Encumbrances (including encumbrances) (includes encumbrances) YTD Actuals
REVENUES Sales and Services -$ -$ -$ -$ 0.00% -$ Other Revenue - - - - 0.00% - Other Financing Sources 293,250 48,875 - 244,375 16.67% - WFRC Fund Total 293,250$ 48,875 - 244,375 16.67% -$
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual Encumbrances (including encumbrances) (includes encumbrances) YTD Actuals
EXPENDITURES 415 Economic Development 293,250$ 17,670$ -$ 275,580$ 6.03% 52,250$ WFRC Fund Total 293,250$ 17,670 - 275,580 6.03% 52,250$
WFRC Fund - Net Gain (Loss) 31,205$ (52,250)$
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ELECTRIC FUND Monthly Target Percentage 16.67%August 31, 2020
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual Encumbrances (including encumbrances) (includes encumbrances) YTD Actuals
REVENUES Charges for Services 20,805,700$ 4,053,347$ - 16,752,353$ 19.48% 4,041,568$ Sales Tax - Utility 1,447,225 284,687 - 1,162,538 19.67% 282,390 Other Revenue 155,000 40,743 - 114,257 26.29% 10,204 Investment Earnings 50,000 559 - 49,441 1.12% 13,117 Other Financing Sources 200,000 - - 200,000 0.00% - Electric Fund Total 22,657,925$ 4,379,336 - 18,278,589 19.33% 4,347,279$
Amended YTD Remaining Budget % Budget Used PYDepartment Budget Actual Encumbrances (including encumbrances) (includes encumbrances) YTD Actuals
EXPENDITURES 850 Electric - Operations 22,177,145$ 2,788,043$ 153,674$ 19,235,428$ 13.26% 2,587,511$ 860 Electric - Tree Trimming 480,780 71,056 5,383 404,341 15.90% 71,418 Electric Fund Total 22,657,925$ 2,859,100 159,057 19,639,769 13.32% 2,658,929$
Electric Fund - Net Gain (Loss) 1,520,237 1,688,350
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Board of Commissioners Work Session AgendaItem Report
Agenda Item No.: 2020-354-Submitted by: Deeda Harris Submitting Department: Administration Meeting Date: October 6, 2020
SUBJECTReview of the 10-20-20 Draft Agenda
Recommendation:
Item Summary:
ATTACHMENTS 10-20-20-draft-agenda-revised.pdf
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Wake Forest Board of Commissioners DRAFT Meeting Agenda
October 20, 2020 at 7:00 PM
Call to Order
Pledge of Allegiance
1. Approval of Agenda
2. Approval of Minutes 2.A. Approval of Minutes for Meetings held September 1, 2020 (Board of
Commissioners Work Session and Joint Public Hearing), September 3, 2020 (Joint Public Hearing) and September 15, 2020, (Board of Commissioner Regular Meeting)
3. Presentations 3.A. Proclamation Recognizing November 2020 as “National American Indian Heritage
Month”
3.B. Presentation of Annual Reports from the Town’s Advisory Boards
3.C. Proclamation Recognizing the American Lung Cancer Screening Initiative in November 2020
3.D. Proclamation Recognizing November 28, 2020 as "Small Business Saturday" in the Town of Wake Forest.
4. Public hearings / Public Comment 4.A. Public Hearing on the intent to permanently close a portion of Seventh Street
4.B. Public Hearing to receive public input on capital needs for inclusion in the five-year Capital Improvements Plan (CIP) update for FY 2021-2026
4.C. Public Hearing on a petition requesting contiguous annexation submitted by Calvin Ray Jr & Mary Ann Hughes and Site Investments, LLC for property located at 27 Spring Lane, 1167 N. Main Street, 0 Stephen Taylor Road, 1248 N. Main Street, and 0 Youngsville Boulevard being Wake County Tax PINs 1842-80-3120, 1842-
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Wake Forest Board of Commissioners October 20, 2020 Page 2
70-5407, 1842-71-9092, 1842-81-0062, 1851-09-4149, and Franklin County PIN 1852-10-3498, and adjacent right-of-way containing 203.08 acres
4.D. Public Comment: If anyone would like to address the Board of Commissioners on an item other than a public hearing item during the time of public comment, please sign up with the Town Clerk prior to the meeting. Each speaker is asked to limit comments to 5 minutes. Please provide the clerk with copies of any handouts you have for the Board. Although the Board is interested in hearing your concerns, speakers should not expect Board action or deliberation on subject matter brought up during the Public Comment segment. Topics requiring further investigation will be referred to the appropriate Town Staff and may be scheduled for a future agenda. Thank you for your consideration of the Board of Commissioners, staff and other speaker.
5. Consent Agenda (A Consent Agenda is a group of items passed with a single motion and vote. These matters are of a generally routine nature. No debate is allowable on any item included on the Consent Agenda. If a Commissioner or any citizen of Wake Forest or its ETJ wants separate consideration of any item, it may be removed from the Consent Agenda by request.) 5.A. Approval of a Resolution Approving the Falls Lake Nutrient Strategy
5.B. Approval of Budget Ordinance Amendment # 1 for FY 2020 -2021
5.C. Approval of a Contract for Supplemental CEI Funds on Stadium Drive (U-5515) Complete Streets Project
5.D. Appointment of Randy Bright and Edward G. Bond, Jr. to the Wake Forest Fireman’s Relief Fund
6. Legislative Items 6.A. Consideration of an Ordinance to allow forklift operations in the Renaissance Area
6.B. Consideration of establishing a Downtown Window Ordinance
7. Planning Items 7.A. Consideration of Action of QUASI-JUDICIAL CASE SP-19-44, Wake
Preparatory Academy, a Major Subdivision and Site Master Plan request filed by Womble Bond Dickinson for a proposed K-12 charter school on approximately 35 acres located at 0 Harris Road, being Wake County Tax PIN: 1841-39-2412 (portion).
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Wake Forest Board of Commissioners October 20, 2020 Page 3
7.B. Consideration of resolution to abandon public easement for Traditions Southwest Phase 1B Sections 1 and 2
7.C. Consideration of Action on LEGISLATIVE CASE RZ-19-02, Kinsley: Request filed by Entitlement Preservation Group to Rezone 203.08± acres located at 27 Spring Lane, 1167 N. Main Street, 0 Stephen Taylor Road, 1248 N. Main Street, and 0 Youngsville Boulevard from Rural Holding District (RD) and Franklin County’s Residential-30 District (R-30) to Planned Unit Development District (PUD) being Wake County Tax PINs 1842-80-3120, 1842-70-5407, 1842-71-9092, 1842-81-0062, 1851-09-4149 and Franklin County Tax PIN 1852-10-3498
8. Administration and Financial Items
9. Public Services Items
10. Parks and Recreation Items
11. Public Safety Items
12. Other Business 12.A. Wake County Tax Releases
12.B. Monthly Report
12.C. Commissioner Reports
13. Adjournment
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Board of Commissioners Work Session AgendaItem Report
Agenda Item No.: 2020-323-Submitted by: Allison Snyder Submitting Department: Public Works Meeting Date: October 6, 2020
SUBJECTApproval of Chapter 26- Solid Waste Code updates
Recommendation:Staff requests board approval of Solid Waste Code updates presented in August 2020
Item Summary:
ATTACHMENTS Chapter26_CodeUpdates.pdf Chapter 26 Code-summary.docx Resolution2020-Solid Waste Code Updates.docx
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Chapter 26 - SOLID WASTE[1]
Table of Contents ARTICLE I. – Residential Trash, Recycling and Yard Trimmings ................................................................. 2
Sec. 26-1. Declaration of Policy ............................................................................................................. 2
Sec. 26-2. Definitions ............................................................................................................................ 3
Sec. 26-3. - Administration; Enforcement & Penalties ........................................................................ 6
Sec. 26-4. Participation in the Town Residential Collection System ................................................... 76
Sec. 26-5. - Service fees....................................................................................................................... 87
Sec. 26-6. - Limitation of Service ........................................................................................................... 8
Sec. 26-7. – Storage, Removal, and Maintenance ................................................................................ 8
Sec. 26-8. – Special Collections ....................................................................................................... 1110
Sec. 26-9. – Recyclable Materials .................................................................................................... 1211
Sec. 26-10 - Trash collection. .......................................................................................................... 1211
Sec. 26-11. – Yard waste collection. ............................................................................................... 1211
ARTICLE II. – Litter and Condition of Private Property ........................................................................ 1312
Sec. 26-12. - Refuse container on public places. ............................................................................ 1312
Sec. 26-13. - Littering. ..................................................................................................................... 1312
Sec. 26-14. - Dumping on private land. ........................................................................................... 1312
Sec. 26-15. - Unlawful Littering. ...................................................................................................... 1312
Sec. 26-16. - Building Debris. .............................................................................................................. 13
Sec. 26-17. - Restricted collections. ................................................................................................ 1413
Sec. 26-18. - Unlawful disposal. ...................................................................................................... 1413
Sec. 26-19. - Adequate containers. ................................................................................................. 1413
ARTICLE III. - COLLECTION AND DISPOSAL .......................................................................................... 1514
Sec. 26-20. - Private collectors. ....................................................................................................... 1614
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Sec. 26-21. - Refuse & Recycling container condition. ................................................................... 1614
Article IV. - COMMERCIAL AND CERTAIN MULTIFAMILY RESIDENTIAL SERVICE ................................ 2014
Sec. 26-22. - Availability. ................................................................................................................. 2114
Sec. 26-23. Requirements for Trash and Recyclable Materials to be Collected ............................ 2115
Sec. 26-24. - Container maintenance. ............................................................................................. 2215
Sec. 26-25. - Shared container. ....................................................................................................... 2216
Sec. 26-26. - Restrictions. ................................................................................................................ 2216
Sec. 26-27. – Recyclable Collection. ................................................................................................ 2216
Sec. 26-28. - Convenience centers. ................................................................................................. 2316
Sec. 26-29/. - Commercial collection. ............................................................................................. 2317
Footnotes:
--- (1) ---
Cross reference— Buildings and building regulations, ch. 8; littering in cemeteries, § 12-7; trash as a nuisance, § 14-33; human waste on streets, § 14-34; utilities, ch. 32.
State Law reference— Municipal authority to regulate disposal of garbage, G.S. 160A-192; authority to operate solid waste disposal system, G.S. 160A-311(6); municipal solid waste responsibilities, G.S. 130A-309.09A.
ARTICLE I. – Residential Trash, Recycling and Yard Trimmings ARTICLE I. - IN GENERAL
Sec. 26-1. Declaration of Policy It is the policy of the Wake Forest Board of Commissioners to protect the health, safety, and welfare of the citizens and the environment by establishing minimum standards as codified in Articles I through VI of this Chapter for the storage, collection, transportation, processing, and disposal of Solid Waste and the recovery of Recyclable Materials and other resources from Solid Waste within Wake Forest. The Director of Public Works shall make, and may from time to time alter and amend, such regulations as are expressly required by rule, statute, intergovernmental mandate or the provisions of this chapter, and may make, and from time to time alter, amend or revoke such other regulations for the application, administration, interpretation and enforcement of this Chapter as are necessary or expedient to execute and make effective its provisions; provided, no such regulations shall be in conflict with the provisions of this Code or any other ordinance or statute. The Public Works Department is given authority to prevent
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items banned from landfills, as set forth in N.C. Gen. Stat 130A-309.10(f) from entering the waste stream through education, press release, public notice, and/or direct enforcement including the assessment of administrative fees and civil penalties.
Sec. 26-2.- Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Ashes mean refuse resulting from the burning of wood, coal and other combustible material used for residential cooking and heating purposes.
Accumulation means the acquisition or gradual gather of solid waste, not confined in a container intended for disposal.
Brush means any woody waste, including tree branches, small tree stumps, and large shrubs, i.e., too large to fit in a 30-gallon paper yard waste bag, all with a branch or trunk diameter of six inches or less.
Brush Pile means an accumulation of cuttings or dead portions of trees, brush, or bushes placed in a pile or allowed to lie randomly on the ground, not exceeding the amount needed for kindling.
Building debris means refuse from the construction, demolition, remodeling and repair operations on houses, commercial buildings and other structures, including, but not limited to, excavated earth, stones, brick, plaster, lumber, concrete, trees, shrubs and waste parts generated by installations and replacements.
Bulky waste means refuse including appliances, furniture and other large items weighing in excess of 75 pounds each. means large items of solid waste such as household appliances, furniture, and other oversize wastes whose large size precludes or complicates their handling by normal solid waste collection, processing or disposal methods.
Commercial solid waste means solid wastes generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial waste.
Collection is the act of removing solid waste or designated recyclable materials and yard trimmings from the collection point to a central collection or storage point.
Collection Assistance Program (CAP) means collection of Trash Carts and Recycling Carts from a specified location not at the Collection Point. This service is for residents who are physically unable to transport their carts to the Collection Point and have no one residing in their household able to transport their carts to the Collection Point. The resident must renew CAP annually. Bulk collections are not eligible for CAP.
Collection Point means the town-designated location where service through the Residential Collection System is provided and means the unpaved area between the street pavement and front property line of each dwelling with fronts on the public street. If none exists, the location shall be as near the edge of pavement as possible so as not to obstruct or impede the travel of pedestrians or vehicles or parking of cars. In those cases where service is provided along alleys, the Collection Point shall be adjacent to the alley, outside of all private fences and place so as not to impede vehicular traffic.
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Commercial Establishment means any nonresidential location not otherwise exempt under federal or state law, including, but not limited to: office buildings, shopping centers, places of worship, Nonprofit Organizations, hospitals, public or private schools or universities, government buildings or agencies, public authorities, or a Commercial Tenant of any of these properties. Commercial Establishment also means the nonresidential portion of mixed-use buildings — properties that serve as a Multi-Family Property and Commercial Establishment, such as ground floor retail with upper-story residential or office uses. Home-based businesses (home occupations) are excluded.
Construction and demolition waste means solid waste resulting solely from construction, remodeling, repair or demolition operations on buildings or other structures, but does not include inert debris, land clearing debris, yard debris, used asphalt, asphalt mixed with dirt, sand, gravel, rock, concrete, or similar nonhazardous material.
Contractor means an individual, corporation or partnership performing refuse collection and disposal under contract with the town.
Dead animal means an animal or portion thereof equal to or in excess ofmore than ten pounds in weight that has expired from any cause, except those animals slaughtered or killed for human consumption.
Disposal site means a refuse depository, including, but not limited to, a sanitary landfill, transfer station, waste collection center licensed, permitted or approved to receive refuse for processing or final disposal.
Dumpster means a large capacity container designated for pickup and dumping by front-loading packers.
Garbage means animal and vegetable refuse resulting from the handling, preparation, cooking and consumption of food including a minimum amount of liquid necessarily incident thereto. all putrescible solid waste, including animal offal and carcasses, and recognizable industrial byproducts, but excluding sewage and human wastes.
Front Building Line means a straight line running between the two (2) corners of a building side facing the street frontage or the two (2) extreme edges of the building profile visible from the street frontage and extending to the property line.
Hazardous Wwaste means any waste designated by the U.S. Environmental Protection Agency or appropriate state agency as "hazardous" as defined by federal and state laws.
Household Container means a metal or sturdy plastic container of substantial construction which is watertight, equipped with a tightly fitting lid and carrying handles enough for safe and convenient handling. Such containers shall have a capacity of not less than twenty (20) gallons nor more than forty-eight (48) gallons and shall be properly labeled to identify the contents therein.
Industrial Wwaste means waste from factories, processing plants and other manufacturing enterprises.
Institutional Solid Waste means solid wastes generated by educational, health care, correctional and other institutional facilities.
Leaf Collection Season means that period specifically designated and published by the Department of Public Works, for the collection of loose leaves.
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Multi-Family Property means a building, or portion thereof, designed for occupancy by three (3) or more families living independently, or a townhouse/condominium association, cooperative, etc. (with the exception of any Multi-Family Property currently contracting with a private hauler).
Public Wworks Ddirector means the director of public works of the town, or his their agent or successor.
Recycling means the process by which solid waste or recovered materials are collected, separated or processed, and reused or returned to use in the form of raw materials or products.
Recyclable container means a container designated for the collection of recyclable materials.
Recyclable mMaterial means material collected for processing for use or reuse, including, but not limited to, paper, glass, metal and plastic. materials that can be recovered from the waste stream and reprocessed to be reused as a material to make new products, such as cardboard, mixed paper, metal cans, aluminum, glass, plastic, and metal items, that are identified as Recyclable Materials pursuant to the list administered by the Department of Public Works and posted on the Town website. The Public Works Director or their designee will announce 90 days prior to the addition of new materials to the list. The Public Works Director or their designee will announce 90 days prior to the deletion of existing materials from the list.
Recycling Cart means a wheeled container with a watertight lid provided by the County specifically for the collection of Recyclables Materials at the Collection Point
Refuse means solid wastes, including garbage and ashes, collected from residences, commercial establishments and institutions.solid waste, including, but not limited to, garbage, trash, yard waste, recyclable materials and ashes.
Refuse container means a roll-out cart which is a wheeled solid waste receptacle with a normal capacity of approximately 90 gallons, but no more than 101 gallons. Roll-out carts shall be constructed of nonmetal material and designed to be emptied by hydraulic or actuator lift mechanisms.
Residential Collection System means the Solid Waste collection services provided by the Town or its contractor to the properties as set forth in Chapter 26.
Solid Waste means any hazardous or nonhazardous garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, domestic sewage and sludges generated by their treatment in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities.
Solid Waste Collector means any person who collects, transports or disposes of solid wastes for compensation, other than one who removes refuse or solid waste from his own premises.
Solid Waste Disposal site means a location at which solid wastes are disposed of by any approved method.
Source-Separate means the act of separating materials from the Waste Stream —such as Recyclables and Yard Trimmings— for reuse or Recycling instead of disposing the materials as Trash in a landfill.
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Special Collection means any additional collection of various items including Unbundled Brush, Household Appliances or items too large to fit in the Town-provided cart as part of the Residential Collection System. Special Collections are requested by the property owner or tenant online or by calling the Department of Public Works.
Trash (“Garbage,” “Refuse,” “Rubbish”) means the materials of the Waste Stream that are disposed of at a landfill instead of Source-Separated for reuse and Recycling, including bulky wastes. Construction and Demolition Debris, Household Hazardous Materials, industrial waste, wastewater sludge, infectious waste and other hazardous waste material are excluded.
Trash Cart means a wheeled container with a watertight lid provided by the Town for the collection of Trash at the Collection Point.
Unbundled Brush means trees, tree branches, shrubbery trimmings and similar plant material not exceeding six (6) feet in length and ten(10) inches in diameter.
Yard Trimmings means decomposable waste materials generated by general residential yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. Yard Trimmings shall not include roots or stumps that exceed 12 inches in diameter nor do Yard Trimmings include any materials resulting from land clearing or development activities.
Trash means refuse, exclusive of garbage and yard waste, including, but not limited to, cold ashes, paper, rags, boxes, tin cans and glass in small quantities normally generated by occupied premises.
Waste means useless, unused, unwanted or discarded materials resulting from natural community activities, including solids, liquids and gases.
Yard waste means refuse consisting of vegetative matter resulting from landscaping maintenance, including, but not limited to, leaves, grass, twigs, limbs, hedge trimmings, hay, straw, pine straw and pine cones.
(Code 1985, § 10-1)
Cross reference— Definitions generally, § 1-2.
Sec. 26-32. - Administration; enforcing officerEnforcement & Penalties . A. Administration.
(1) This chapter shall be administered by the Director of Public Works or their designee. The collection, removal and disposition of all waste from premises in the town shall be under the jurisdiction of the director of public works, except as otherwise provided in this Code.
B. Enforcement.
(1) Criminal penalty. Any person violating this Ordinance shall be guilty of a misdemeanor punishable by a fine of not to exceed $500.00 or imprisonment for not more than 30 days, or both. Each violation and each day's violation shall be treated as a separate offense.
(2) Civil penalty. Any person who is found in violation of this Ordinance shall be subject to a civil penalty of not to exceed $500.00. After issuance of an initial warning, shall be subject to a civil penalty. Each violation and each day's violation shall be treated as a separate offense.
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(4) Fees for removal of items that are improperly disposed of may be subject of a miscellaneous bill administered by the Town of Wake Forest.
(5) Any person who does not properly dispose of Solid Waste may be assessed the cost of such disposal.
(6) Other remedies. This Ordinance may be enforced by equitable remedies and any unlawful condition existing in violation of this Ordinance may be the subject of an injunction or order of abatement.
Sec. 26-4. - Penalties. Unless otherwise provided herein, it shall be unlawful to violate any of the provisions of this article
and any person who violates any of them shall, upon conviction, be subject to a civil penalty not to exceed three hundred ($300.00) for each violation.
Sec. 26-4. Participation in the Town Residential Collection System A. The owner or occupant of each single-family and duplex dwelling as defined in Chapter 17 of the
Unified Development Ordinance is required to participate in the Town’s Residential Collection System. The Town shall collect the Trash, Recyclable Materials, and Yard Trimmings from each dwelling participating in the Town Residential Collection System weekly. The owner or occupant of the dwelling shall pay the fees provided for in Sec 26-5 of this chapter. All participants in the Town Residential Collection System are eligible for one (1) Trash, one (1) Recycling, and one (1) Yard Waste Cart as part of the base Residential Collection System fee. Up to one (1) additional Trash, Recycling, or Yard Waste Carts (for a total of two (2) may be requested at a charge as set forth in the chapter, for a maximum total of five (5) carts. 1. The Public Works Director or their designee is authorized to make exceptions based on
safety or health considerations. 2. Home occupations as defined in Chapter 17 of the Wake Forest Unified Development
Ordinance that generate the minimum amount of Solid Waste are eligible to receive Trash, Recycling and Yard Trimmings collection through the Residential Collection System. Home occupations are not eligible for special collections such as bulk and large limb collection.
B. If a Town collection truck enters a private street to collect Trash, Recyclable Materials, or Yard Trimming, the street must be constructed according to Town of Wake Forest Public Wake Standards and Specifications and must be at least fourteen (14) feet wide excluding the space taken up by parked cars. Residents on private street that do not meet the Town standards shall bring their Trash, Recyclable Materials, and Yard Trimming to the nearest designated Collection Point accessible to Town collection trucks to be eligible to continue to participate in the Town Residential Collection System.
C. The owners or occupant of each townhome dwelling as defined in the Wake Forest Unified Development Ordinance Chapter 17 will be required to participate in the Residential Collection system, provided: 1. Each dwelling is individually metered for water; 2. There is adequate space so that the collection truck can turn around without backing onto
or off of a street; 3. Parking is arranged so that Trash, Recyclable Materials, and Yard Trimmings need not be
carried between parked cars; 4. If it is necessary for the collection truck to enter a private street, the street is constructed
according to Town Standards and Specifications
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5. The street is at least fourteen (14) feet wide excluding the space taken up by parked cars; 6. The Public Works Director or their designee is authorized to establish reasonable
procedures that allow for exceptions based on safety or health considerations or a determination that the use of Trash and/or Recycling Carts are not feasible or useable or the townhouse of townhouse development.
D. Any townhome/condominium association, cooperative, etc. or other residential dwelling that is not required to participate in or is exempt from participating in the Wake Forest Residential Collection System shall be treated as Multi-Family property and is subject to Article IV of this Chapter.
Sec. 26-5. - Service fees A. The Town may charge fees for collection and disposal of refuse as set out in the list of fees and
charges, as amended from time to time, by the Board of Commissioners.
B. The Town finance director shall have responsibility for billing and collecting the fees due to the town under the provisions of this Chapter and shall have full authority to pursue all available civil remedies against those who fail to make payments required by this Chapter.
C. Fees for services may be billed each month as a part of the regular utility billing process.
D. Any property owner, whom is assessed a fee, may file a notice of exception with the Tax administrator. The notice of exception should include documentation supporting the property owner’s reason for the notice of exception.
E. Residents requiring replacement of a Town-provided cart due to damage caused by the resident or their agent shall be charged a fee of sixty dollars ($60.00) for the replacement cart.
F. Effective July 1, 2021, there is a limit on bulk collections imposed at two collections each fiscal year. Each additional request shall result in a fee of ($50.00) for the disposal of each bulk collection.
(Code 1985, § 10-5)
Sec. 26-6. - Limitation of Service All refuse not prepared and handled in accordance with the provisions of this chapter shall not be
collected by the town or its agents.
(Code 1985, § 10-11)
Sec. 26-7. – Storage, Removal, and Maintenance Every owner and occupant or other person in control of any building or land in the town, including vacant property, shall keep such building or land in a clean and orderly condition, and shall dispose of Refuse in accordance with the provisions of this chapter.
A. Storage Generally. No owner, occupant, tenant or lessee of any property may deposit, store or permit to accumulate any Solid Wastes upon his property outside of the dwelling unit, that is not stored or disposed of in a manner that exemplifies good sanitation practices.
B. Responsibilities of owners and occupants of dwellings required to participate in the Town Residential Collection System (Sec 26-4).
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a. It shall be the responsibility of the owner, occupant, tenant or lessee of each dwelling required to participate in the Town Residential Collection System to adhere to the following practices:
i. Remove all Solid Wastes from his property before harborage of such waste creates a health hazard. Store materials in a manner that will resist harborage to rodents and vermin and will not create a fire hazard. Regulated refuse under this subsection includes but is not limited to lumber, boxes, barrels, bottles, cans, tires, paper, cardboard, rags, old furniture and other bulky waste, and white goods.
ii. Trash shall be placed at the Collection Point in Town-provided Trash Carts.
iii. Oversized bulky Trash items that are too large to be bagged or placed in a cart such as furniture, mattresses, or box springs may be placed at the Collection Point as long as the item is scheduled for Collection in advance as set forth in Sec. 26.8.
iv. Recyclable Materials shall be placed loose in Town-provided recycling carts, must be separated from Trash and Yard Trimmings and placed at the Collection Point.
v. Large brush and bulky materials collection shall be placed at the Collection Point only when arrangements for collection have been made with the Department of Public Works.
b. The Collection Point must be placed at ground level, within two feet of the curbside and at least three feet away from each other obstacles such as mailboxes, telephone poles, automobiles, bulky waste, trees, etc., or in a location specified by Public Works.
i. Collection Assistance Program- Exemptions to curbside requirements
1. Upon completion of an application for Collection Assistance Program by a resident, including a Physician’s Statement and address for the dwelling at which they reside, the following person shall receive assistance for pickup of garbage and recycling only:
a. Residents who have a permanent disability and there is no able-bodied person residing with them who can move the containers to the curb; and
b. Residents who have a temporary disability and there is no able-bodied person residing with them who can move the containers to the curb.
Both the trash and recyclable materials must be serviced from the house in order for the resident to qualify for Collection Assistance Program. Residents who do not have a completed application on file are not eligible. Preparation must be in accordance of this chapter. Collection will not occur on porches, behind fences or gates, in garages, up steps, on decks, or maneuver over terrain that creates topographical problems that make collection unsafe. Keep animals secure or in the dwelling on the day of scheduled collection when Collection Assistance Program (non-curbside) is provided. The Public Works Director or their
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designee shall confirm the eligibility of residents requesting service prior to providing service. Residents may be subject to an audit in order to verify eligibility. Service may be revoked if it is determined by the Public Works Director that the resident no longer qualifies. Yard Waste Collection is not included in the program. Enrollment will renew annually pending a successful audit.
c. All Trash, Recyclable Materials, and Yard Trimmings shall be place at the Collection Point no sooner than 5:00 p.m. the day prior to, nor later than 6:00 a.m. of the day of scheduled collection. Any Trash, Recyclable Materials, or Yard Trimmings left uncollected due to late placement at the Collection Point, improper preparation or prohibited materials shall be removed from the Collection Point not later than twenty-four hours after the scheduled collection.
d. Town-provided carts are property of the Town. All carts and Household Containers shall be removed from the Collection Point and returned to their normal storage location within twenty-four (24) hours after the day of scheduled collection. Normal location shall mean a regular place of keeping not in front of the dwelling and/or behind the Front Building Line that faces any Town street, unless there is fencing or landscaping that screens or shields the containers from general view from the street.
e. Maintain carts and Household Containers in a serviceable and sanitary condition. If the Town determines a Household Container to be unserviceable (including, but not limited to, cracked, rusted, dented/damaged), the Town shall inform the owner or occupant by placing a notification tag on the Household Container. If the same Household Container is used in the future, it shall be collected for disposal with the regular Trash or Recyclable Materials. If a Town-provided cart is determined by the Town or owner or occupant to be unserviceable (included, but not limit to, not watertight, no lid, presence of a hole or crack in the body of lid larger than one (1) inch), the Town may repair or replace the cart.
f. Place loose leaves out for collection during the designated Leaf Collection Season in accordance with the Town’s published vacuum collection schedule.
g. At occupant’s expense, privately dispose of:
i. Building material such as brick, masonry block, rock, dirt, large quantities of drywall, or sand.
ii. Building materials not prepared in accordance with this Code and any building materials resulting from work performed by a person in the course of business
iii. Trees, tree branches, shrubbery or other plant material that exceed six (6) feet in length or ten (10) inches in diameter or that are the result of the clearing of multiple trees from a property
C. Failure to adhere to the storage, removal, and maintenance provisions:
a. The Town may, if the storage, removal and maintenance provisions of Sec. 26-7 are not adhered to, have such storage, removal, and maintenance provision violations corrected by the Town’s agents or employees and the cost thereof shall be charged to and paid by the owner or occupant of such property in the same manner as the Solid Waste Fee charge is imposed.
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b. In the event that Trash, Recyclable Materials, or Yard Trimmings placed at the Collection Point are not eligible for collection or are improperly prepared for collection and are not removed from the Collection Point in the manner and timeframe specified above, then the Town may cause such to be removed, and a removal fee of three hundred dollars ($300.00) plus the cost of any applicable disposal charges shall be assessed and added to the next Solid Waste User Fee charge for the property. The Town will not undertake any such removal action until the Town had posted a notice of violation at the Collection Point or dwelling describing the violation(s) and corrective action(s) required, which shall include a period of forty-eight (48) hours to remedy the violation(s). The forty-eight (48) hour period may be waived by the Public Works Director or their designee for reasons of public health or safety or the environment.
D. (Code 1985, § 10-31; Ord. No. 2005-52, 10-18-2005)
Sec. 26-8. – Special Collections E. Bulk Collections
a. Collection service for Bulky Waste must be scheduled with the Town before collection can occur. Any person requesting collection service for Bulky Waste must obtain a date for collection from the Town.
b. Bulky Waste shall be placed at the curbside no earlier than the day before the collection day.
c. Bulky Waste must be placed at ground level, within six feet of the curbside and at least three feet away from each other or other obstacles such as mailboxes, telephone poles, automobiles, trees, etc., or in a location specified by the department head. A person should use reasonable care and caution when placing bulky waste and junk along the curbside and should avoid interfering with the access to or denying the use of a sidewalk by others.
d. No collection service for Bulky Waste will be provided for: Apartment complexes, businesses, or any other property that utilizes a dumpster, compactor or similar device for garbage collection purposes. In addition, it is not available for rocks, dirt, building materials, loose leaves, tree stumps, car parts, tires, chemicals or paints.
e. Fees for Service: Two free collections each calendar year will occur for each account holder by address. Additional collections in a year will result in a $50 charge.
f. Bulk waste collection does not apply for yard waste, move outs, or collections for evictions or large clean outs.
F. Large Brush Collection
a. Collection service for Large Brush must be scheduled with the Town before collection can occur. Any person requesting collection service for large brush must obtain a date for collection from the Town.
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b. Brush shall be placed at the curbside no earlier than the day before the collection day.
a.c. Brush must be placed at ground level, within six feet of the curbside and at least three feet away from each other or other obstacles such as mailboxes, telephone poles, automobiles, trees, etc., or in a location specified by the department head. A person should use reasonable care and caution when placing brush along the curbside and should avoid interfering with the access to or denying the use of a sidewalk by others.
d. Tree limbs and brush too large for placement into plastic bags or containers shall not be more than ten (10) feet in length nor larger than six (6) inches in diameter. Tree limbs or tree trunks in excess of four inches in diameter shall be cut into sections not to exceed 75 pounds in weight.
Sec. 26-9. – Recyclable Materials All recyclable Recyclable material Material should be separated from other solid waste and made available for recycling. Recyclable materialMaterial should not be mixed with or disposed of with other solid waste. Recyclable Material should consist of items listed in Section 26.2 of this Chapter
Sec. 26-10 - Trash collection. Preparation. Small items shall be bagged, bundled and placed in standard refuse containers.
(Code 1985, § 10-13)
Sec. 26-11. – Yard waste collection. Back yard composting is considered a preferred means of waste reduction in the residential community. Residents are urged to separate compostable materials from their waste streams for composting.
A. Quantity. Subject to the availability of equipment and to the provisions of this section, the
maximum quantity of yard waste which will be collected per week shall be a combination of bags and household containers not to exceed twenty (20) total. Items not contained in bags or containers shall be scheduled in advance as outlined in Sec. 26-9.
B. Preparation.
(1) Yard waste shall be placed in clear plastic bags or Household Containers.
(2) Leaf Collection will occur on a schedule set forth by the Public Works Director. Residents may place leaves, not in containers, in piles at the back of the curb for collection. Leaves must be free of other yard waste, refuse and debris.
C. Special provisions.
(1) Yard waste shall be kept separate from and shall not be mixed with other refuse.
(2) No stumps or logs shall be collected or disposed of by the town.
(3) Burning of yard waste is regulated by Chapter 16 of this Code.
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(Code 1985, § 10-14; Ord. No. 2005-52, 10-18-2005; Ord. No. 2015-34, 12-15-2015)
ARTICLE II. – Litter and Condition of Private Property
Sec. 26-12. - Refuse container on public places. No refuse container shall be placed or left upon any sidewalk, street or public place in the Town by
the owner, manager, agent or lessee of the property, except where specifically permitted by this Chapter.
(Code 1985, § 10-44)
Cross reference— Streets and sidewalks, ch. 28.
Sec. 26-13. - Littering. It shall be unlawful for any person to throw, drop or deposit or cause to be thrown, dropped or
deposited any waste on any street, public right-of-way, public place, catch basin, manhole or other public structure. This section also applies to depositing waste from a vehicle.
Sec. 26-14. - Dumping on private land. It shall be unlawful for any person to throw, drop or deposit or cause to be thrown, dropped or
deposited any waste on any vacant or occupied land in the town. This section does not apply to properly permitted landfills or permitted filling and grading operations.
Sec. 26-15. - Unlawful Littering. (a) No vehicle shall be driven or moved on any street or road within the town's jurisdiction unless the
vehicle is constructed and/or loaded to prevent any of its load from falling, blowing, dropping, sifting, leaking or otherwise escaping therefrom.
(c) Violation of this section shall be subject to punishment under Ssec.tion 26-3 of this Code. The operator of any vehicle found to have an unsecured load pursuant to subsection (a), above, shall be presumed to have committed the offense.
(Ord. No. 2007-23, 4-17-2007)
(Code 1985, § 10-47)
Sec. 26-16. - Building Debris. Building debris shall be collected, removed and disposed of by the builder or, in the event of failure
by the builder to dispose of such building debris, the owner of the property shall dispose of such building debris in accordance with applicable provisions of this Code.
(Code 1985, § 10-48)
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Cross reference— Buildings and building regulations, ch. 8.
Sec. 26-17. - Restricted collections. In addition to any other provisions of this chapter restricting waste to be collected, transported or
disposed of by the town, the town shall not collect, transport or dispose of the following:
(1) Industrial wastes.
(2) Hazardous wastes.
(3) Vehicle tires.
(Code 1985, § 10-49)
Sec. 26-18. - Unlawful disposal. It shall be unlawful for any person to deposit any and all refuse originating, transported or collected
from locations outside of the corporate limits of the town in or near waste containers for the purpose of disposal, except when approved by the public works director.
(Code 1985, § 10-50)
(Code 1985, § 10-15; Ord. No. 2016-14, 7-19-2016 )
Sec. 26-19. - Adequate containers. Every person producing or having refuse shall provide and keep on the premises or property
occupied or used by them sufficient refuse containers or dumpsters to handle all accumulation of refuse in the interval between collections on such premises or property.
(Code 1985, § 10-43)
(Code 1985, § 10-45)
(Code 1985, § 10-46)
(Code 1985, § 10-12; Ord. No. 2005-52, 10-18-2005)
(Code 1985, § 10-2)
Cross reference— Administration, ch. 2.
Sec. 26-3. - Regulations, promulgating and changing.
The director of public works shall make, and may from time to time alter and amend, such regulations as are expressly required by rule, statute, intergovernmental mandate or the provisions of this chapter, and may make, and from time to time alter, amend or revoke such other regulations for the application, administration, interpretation and enforcement of this chapter as are necessary or
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expedient to execute and make effective its provisions; provided, no such regulations shall be in conflict with the provisions of this Code or any other ordinance or statute.
(Code 1985, § 10-3)
Sec. 26-4. - Private collectors.
No individual, firm or organization shall engage in the business of collecting, transporting or disposing of any waste within the town limits without first obtaining a privilege license to do so from the town. Licenses may be granted if the public works director finds that the applicant for the license has the adequate equipment, plans and resources to ensure the sanitary collection and disposal of the waste.
(Code 1985, § 10-4)
Sec. 26-5. - Service fees.
(a) The town may charge fees for collection and disposal of refuse as set out in the list of fees and charges, as amended from time to time, by the board of commissioners.
(b) The town finance director shall have responsibility for billing and collecting the fees due to the town under the provisions of this chapter, and shall have full authority to pursue all available civil remedies against those who fail to make payments required by this chapter.
(c) Fees for services may be billed each month as a part of the regular utility billing process.
(Code 1985, § 10-5)
Sec. 26-6. - Penalty.
It shall be unlawful for any person to violate the provisions of any section of this chapter. Penalty for violation of this chapter is governed by section 1-12 of this Code. The town shall have the right to correct any violations of this chapter and bill the violator for all costs incurred.
(Code 1985, § 10-6)
Secs. 26-7—26-35. - Reserved.
ARTICLE III. - COLLECTION AND DISPOSAL DIVISION 1. - GENERALLY
Sec. 26-36. - Limitation of service.
All refuse not prepared and handled in accordance with the provisions of this chapter shall not be collected by the town or its agents.
(Code 1985, § 10-41)
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Sec. 26-20. - Private collectors. No individual, firm or organization shall engage in the business of collecting, transporting or
disposing of any waste within the town limits without first obtaining a privilege license to do so from the town. Licenses may be granted if the Public Works Director finds that the applicant for the license has the adequate equipment, plans and resources to ensure the sanitary collection and disposal of the waste.
(Code 1985, § 10-4)
(Code 1985, § 10-6)
Secs. 26-7—26-35. - Reserved.
Sec. 26-3721. - Refuse & Recycling container condition. Any refuse container that does not conform to the provisions of this chapter, or that has ragged or
sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, shall not be used for holding refuse intended for collection, but must be promptly replaced with a proper container.
(Code 1985, § 10-42)
Sec. 26-38. - Adequate containers.
Every person producing or having refuse shall provide and keep on the premises or property occupied or used by them sufficient refuse containers or dumpsters to handle all accumulation of refuse in the interval between collections on such premises or property.
(Code 1985, § 10-43)
Sec. 26-39. - Refuse container on public places.
No refuse container shall be placed or left upon any sidewalk, street or public place in the town by the owner, manager, agent or lessee of the property, except where specifically permitted by this chapter.
(Code 1985, § 10-44)
Cross reference— Streets and sidewalks, ch. 28.
Sec. 26-40. - Littering.
It shall be unlawful for any person to throw, drop or deposit or cause to be thrown, dropped or deposited any waste on any street, public right-of-way, public place, catch basin, manhole or other public structure. This section also applies to depositing waste from a vehicle.
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(Code 1985, § 10-45)
Sec. 26-41. - Dumping on private land.
It shall be unlawful for any person to throw, drop or deposit or cause to be thrown, dropped or deposited any waste on any vacant or occupied land in the town. This section does not apply to properly permitted landfills or permitted filling and grading operations.
(Code 1985, § 10-46)
Sec. 26-42. - Maintenance of property.
Every owner and occupant or other person in control of any building or land in the town, including vacant property, shall keep such building or land in a clean and orderly condition, and shall dispose of refuse in accordance with the provisions of this chapter.
(Code 1985, § 10-47)
Sec. 26-43. - Building debris.
Building debris shall be collected, removed and disposed of by the builder or, in the event of failure by the builder to dispose of such building debris, the owner of the property shall dispose of such building debris in accordance with applicable provisions of this Code.
(Code 1985, § 10-48)
Cross reference— Buildings and building regulations, ch. 8.
Sec. 26-44. - Restricted collections.
In addition to any other provisions of this chapter restricting waste to be collected, transported or disposed of by the town, the town shall not collect, transport or dispose of the following:
(1) Industrial wastes.
(2) Hazardous wastes.
(3) Vehicle tires.
(Code 1985, § 10-49)
Sec. 26-45. - Unlawful disposal.
It shall be unlawful for any person to deposit any and all refuse originating, transported or collected from locations outside of the corporate limits of the town in or near waste containers for the purpose of disposal, except when approved by the public works director.
(Code 1985, § 10-50)
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Sec. 26-46. - Unlawful littering.
(a) No vehicle shall be driven or moved on any street or road within the town's jurisdiction unless the vehicle is constructed and/or loaded to prevent any of its load from falling, blowing, dropping, sifting, leaking or otherwise escaping therefrom.
(b) The provisions of subsection 26-46(a) shall apply to man-made materials, including but not limited to, paper, packing materials, construction and demolition related items and food and beverage containers.
(c) Violation of this section shall be subject to punishment under section 1-12 of this Code. The operator of any vehicle found to have an unsecured load pursuant to subsection (a), above, shall be presumed to have committed the offense.
(Ord. No. 2007-23, 4-17-2007)
Secs. 26-47—26-65. - Reserved.
DIVISION 2. - RESIDENTIAL SERVICE
Sec. 26-66. - Availability.
Residential collection service is provided to occupants of single-family residences and to occupants of multifamily residences of no more than four units.
(Code 1985, § 10-11)
Sec. 26-67. - Garbage collection.
(a) Frequency of service. Subject to the limitations of this section as to the quantities of garbage handled and the type of service, and subject to the availability of resources, garbage shall be collected once per week.
(b) Quantity. Subject to the availability of equipment and to the provisions of this section, the normal maximum quantity of garbage which will be collected each week is 90 gallons contained in an approved roll-out cart. Exception to this limit may be made by the public works director for single-family residences only.
(c) Preparation. Garbage shall be deposited in an approved 90-gallon to 101-gallon roll-out cart. If the roll-out cart will not accommodate the volume generated, polyethylene plastic bags with a maximum capacity of 35 gallons and a weight limit of 50 pounds may be used. Plastic bags will be placed immediately adjacent to the roll-out cart and should be used only when dogs, rodents and other animals will not create a litter problem. When excessive use of plastic bags exists, an additional roll-out cart may be required by the town with the cost thereof to be borne by the customer.
(d) Point of service. Roll-out carts for the storage of garbage shall be placed in a location that is readily accessible to the collector's automated equipment not to exceed two feet from the curb or edge of the traveled portion of the road or street, and shall not be located in a manner that will block the driveway, mailbox or overhead obstructions that will inhibit proper servicing of such roll-out cart.
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Exceptions to this subsection may be granted by the public works director in circumstances where a hardship exists.
(e) Special provisions. The following items shall not be placed in the roll-out container with garbage:
(1) Yard waste; and
(2) Items not collected by the town.
(f) Containers shall be placed at point of service by 7:00 a.m. on the scheduled day of service and be removed from point of service after being serviced. Hours of service will be between 7:00 a.m. to 5:00 p.m., Monday through Friday. No containers shall be left at point of service overnight after being serviced.
(Code 1985, § 10-12; Ord. No. 2005-52, 10-18-2005)
Sec. 26-68. - Trash collection.
(a) Frequency of service. Subject to the limitations of this section as to the quantities of trash handled and the types of services, and subject to the availability of resources, trash shall be collected once per week.
(b) Quantity. Subject to the availability of equipment and to the provisions of this section, the maximum quantity of trash which will be collected per week is four cubic yards.
(c) Preparation. Small items shall be bagged, bundled or placed in standard refuse containers. Larger items do not have to be packaged but should be placed in neat piles and not be longer than six feet or weigh more than 75 pounds.
(d) Point of service. Trash shall be placed on the premises at the curb but not blocking the street or sidewalk.
(e) Special provisions. The following items shall not be placed at the curb with trash:
(1) Garbage;
(2) Yard waste; and
(3) Items not collected by the town.
(Code 1985, § 10-13)
Sec. 26-69. - Yard waste collection. (a) Frequency of service. Subject to the limitations of this section as to the quantities of yard waste
handled and the types of services, and subject to the availability of resources, yard waste shall be collected once per week.
(b) Quantity. Subject to the availability of equipment and to the provisions of this section, the maximum quantity of yard waste which will be collected per week is four cubic yards.
(c) Preparation.
(1) Yard waste shall be placed in either plastic bags or containers constructed of metal or plastic of approximately 35-gallon capacity. Tree limbs and brush too large for placement into plastic bags or containers shall not be more than six feet in length nor larger than four inches in
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diameter. Tree limbs or tree trunks in excess of four inches in diameter shall be cut into sections not to exceed 75 pounds in weight.
(2) During the period of October 1 through March 15, residents may place leaves, not in containers, in piles at the back of the curb for collection. Leaves must be free of other yard waste, refuse and debris.
(d) Point of service. Yard waste shall be placed on the premises at the curb but not blocking the street or sidewalk and shall not be placed in the vicinity of solid waste or recycle containers.
(e) Special provisions.
(1) Yard waste shall be kept separate from and shall not be mixed with other refuse.
(2) Commercial tree cutters and other landscape contractors shall be responsible for removal of wastes generated by them. Exceptions to this subsection may be granted by the public works director in circumstances where a hardship exists.
(3) No stumps or logs shall be collected or disposed of by the town.
(4) Burning of yard waste is regulated by chapter 16 of this Code.
(f) Hours of service. Yard waste shall be placed at the point of service by 7:00 a.m. on the scheduled day of service for pickup. Hours of service are 7:00 a.m.—3:30 p.m., Monday through Friday. Yard waste not at point of service by specified time may result in being left until the following weeks service depending on work load of town crews.
(Code 1985, § 10-14; Ord. No. 2005-52, 10-18-2005; Ord. No. 2015-34, 12-15-2015)
Sec. 26-70. - Bulky waste collection.
(a) Frequency of service. Subject to the limitations of this section as to the quantities of bulky waste handled and the types of services, and subject to the availability of resources, bulky waste shall be collected on an as needed basis.
(b) Quantity. Subject to the availability of equipment and to the provisions of this section, the maximum quantity of bulky waste which will be collected is not regulated.
(c) Preparation. Residents desiring collection of bulky items shall contact the town to schedule collection and pay any applicable fees.
(d) Point of service. Bulky waste shall be placed on the premises at the curb but not blocking the street or sidewalk.
(e) Violations. It is a violation of this chapter to use, or to attempt to use, bulk waste collection by leaving items or materials for collection that are not bulk waste as defined in Section 26-1 or for industrial waste, hazardous waste, or yard waste or other items or materials not eligible for bulk waste collection.
(Code 1985, § 10-15; Ord. No. 2016-14, 7-19-2016 )
Article IV. - COMMERCIAL AND CERTAIN MULTIFAMILY RESIDENTIAL SERVICE
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Sec. 26-9122. - Availability. (a) (a) All multifamily residential (greater than four units total), office, institutional, educational,
commercial and industrial uses shall have refuse collection through a dumpster system.common collection facilities and collection must be contracted with a private hauler. The following are exceptions to this requirement:
a. Municipal Service Area
i. Businesses in the Municipal Service Area may use Town-provided dumpsters for trash and recyclable materials in designated areas.
i.ii. A sealed trash compactor may not be used to dispose of hazardous waste, fats, oils and grease from nonresidential establishments, bulk items, brush, lawn rakings, non-collectable items, or other refuse
ii.iii. Collection Schedule, frequency and locations will be determined by the Public Works Director in coordination with Downtown Development.
iii.iv. Items left outside of designated dumpsters will be subject to penalties as outlined in Sec. 26-4.
iv.v. Town-provided dumpsters located on private property will be subject to maintenance and service agreements.
v.vi.
(b) The town may provide refuse collection when the public works director determines that it is the most efficient and effective means of refuse collection. The town shall determine the frequency of service if service is provided by the town. The town shall not collect industrial wastes.
(c) The public works director may make exceptions to the requirements for dumpster collection in cases of commercial uses in residential areas which generate no more refuse than a residential unit. In such cases the commercial use may be treated as a residential customer.
(Code 1985, § 10-21)
Sec. 26-2423. Requirements for Trash and Recyclable Materials to be Collected A. All Commercial Establishments and Multi-Family Properties shall provide for the private
collection, and disposal of all Trash and Recycling at least weekly, unless given written exemption by the Director of Public Works or their designee, and adhere to the following requirements:
a. Provide enough Trash Containers for the storage of Trash. Trash Containers shall be appropriately sized and clearly distinguished from Recycling Containers used for Source-Separated materials through the use of labels or other markings. Trash Containers located on the exterior of a property shall be covered or otherwise secured to prevent the contents from blowing, leaking, or spilling. All Trash Containers shall be emptied frequently enough to prevent their contents from overflowing.
b. Maintain all Trash Containers in a sanitary and serviceable condition, meaning containers must be leak proof and have properly functioning doors and lids.
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c. Place exterior containers in enclosure as outlined in Chapter 8 of the Unified Development Ordinance.
Sec. 26-92524. - Container maintenance. Each user required to provide dumpsters shall:
(1) Keep the dumpsters maintained in a good operating condition;
(2) Keep the exterior of the dumpsters painted and free from rust and graffiti;
(3) Ensure that the area around the dumpster is kept free from refuse and litter; and
(4) Provide adequate access to the dumpster for collection equipment.
(Code 1985, § 10-22)
Sec. 26-25693. - Shared container. With the approval of the public Public works Works directorDirector, dumpsters may be shared
when users are in close proximity to each other, the volume of refuse generated allows sharing or availability of space for placement of a dumpster is restricted.
(Code 1985, § 10-23)
Sec. 26-94726. - Restrictions. No person shall engage in business as a solid waste collector except under a license issued by the
county pursuant to this section.
Dumpsters shall be used only for the collection and disposal of refuse defined as garbage Garbage or trashTrash. It shall be unlawful for anyone to place restricted materials in a dumpster. The following materials shall not be placed in a dumpster:
(1) All refuse originating, transported or collected from locations outside of the corporate limits of the town.
(2) Yard waste.
(3) Dead animals.
(4) Bulky items.
(5) All waste not collected by the town, including, but not limited to, hazardous waste, industrial waste and building debris.
(Code 1985, § 10-24)
Secs. 26-95—26-125. - Reserved.
Sec. 26-126278. – Recyclable Collection. (a) Frequency of service. Subject to the limitations of this section as to the quantities of recyclable
materials handled and the types of service, and subject to the availability of resources, recyclables material shall be collected weekly.
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(b) Container. The town shall provide one container for recyclables. Additional containers are the responsibility of the resident.
(c) Quantity and type. Subject to the availability of equipment and to the provisions of this section, the maximum quantity of recyclable materials is not limited. The type of materials to be recycled shall be determined by the public works director based on market demand and statutory requirements.
(d) Preparation. Recyclable materials shall be placed in a recyclable container free of food and liquid contamination. Nonrecyclable materials placed in the container shall not be collected.
(e) Point of service. Recyclable materials shall be placed on the premises at the curb but not blocking the street or sidewalk.
(f) Hours of service. Containers shall be placed at point of service by 7:00 a.m. on the scheduled day of service and be removed from point of service after being serviced. Hours of service will be between 7:00 a.m. to 5:00 p.m., Monday through Friday. No containers shall be left at point of service overnight after being serviced.
(Code 1985, § 10-31; Ord. No. 2005-52, 10-18-2005)
Sec. 26-12928. - Convenience centers. The town may provide convenience centers for mass collection of recyclable materials. Types of
materials collected shall be determined by the public works director based on market demand and statutory requirements. The Public Works Director shall determine location of centers. It will be unlawful to place contaminated or nonrecyclable materials into the containers. Materials should be free of food and liquid contamination prior to placement in the containers.
(Code 1985, § 10-32)
Sec. 26-13029/. - Commercial collection. All office, institutional, educational, commercial and industrial uses shall have recyclable collection
as mandated by state or local requirements. The town may provide such service when the public Public works Works director Director determines that it is the most efficient and effective means for such collection, and shall determine the method of service.
(1) Container. Each user required to provide containers shall:
a. Keep the container maintained in a good operating condition;
b. Keep the exterior of the container painted and free from rust and graffiti;
c. Ensure that the area around the container is kept free from refuse and litter; and
d. Provide adequate access to the container for collection equipment.
(2) Shared container. With the approval of the Ppublic wWorks dDirector, containers may be shared when users are in close proximity to each other, the volume of recyclables generated allows sharing or availability of space for placement of containers is restricted.
(3) Restrictions. Containers shall be designated for the collection and disposal of recyclable materials only. It shall be unlawful for anyone to place any other refuse or material in such containers.
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(Code 1985, § 10-33)
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Agenda Item: Approval of Chapter 26- Solid Waste Code updates
Summary: Staff requests board approval of Solid Waste Code updates presented in August 2020
In August, staff presented an overview of proposed solid waste code changes. Staff requests board approval of the changes as outlined in the Chapter 26 attachment. A summary of the changes include reorganizing and updating language to align with current collection practices, outlines program participation to assist with solid waste fee billing process and adds penalties for improper disposal and placing trash in the recycling container. Also allows Town staff to remove damaged household containers and outlines responsibilities in the Municipal Service District.
Attachments: Chapter26_CodeUpdates.pdf
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RESOLUTION 2020-X
RESOLUTION ADOPTING TOWN OF WAKE FOREST CHAPTER 26 CODE OF ORDINANCES UPDATE
WHEREAS, the Board of Commissioners adopted the Code of Ordinances Chapter 26 in 1985 and adopted updates in 2005;
WHEREAS, the current ordinance is outdated and has been updated to better align with current practices and better outline procedure and regulations regarding solid waste.
WHEREAS, the Board of Commissioners have reviewed the updated Chapter 26 of the Code of Ordinances; and
NOW THEREFORE, BE IT RESOLVED by the Wake Forest Board of Commissioners that the updates to Chapter 26 of the Code of Ordinances are approved and adopted.
This the 5th day of October 2020.
Motion by:
Second by:
Mayor:
ATTEST:
Town Clerk
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Board of Commissioners Work Session AgendaItem Report
Agenda Item No.: 2020-336-Submitted by: Deeda Harris Submitting Department: Administration Meeting Date: October 6, 2020
SUBJECTResolution to Ratify Action taken by the Board of Commissioners to Approve the Resolution Approving in PrincipleThe Issuance Of Not To Exceed $11,500,000 of Public Finance Authority Educational Facilities Revenue Bonds(Endeavor Charter School Project), Series 2020 for the Benefit of Endeavor Charter School
Recommendation:
Item Summary:
ATTACHMENTS Endeavor_charter_bond_resolution_ratification-summary.docx TEFRA Resolution - Wake Forest - Endeavor 2020.DOCX
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Agenda Item: Resolution to Ratify Action taken by the Board of Commissioners to Approve the Resolution Approving in Principle the Issuance of Not To Exceed $11,500,000 of Public Finance Authority Educational Facilities Revenue Bonds (Endeavor Charter School Project), Series 2020 for the Benefit of Endeavor Charter School
Summary: The Wake Forest Board of Commissioners held a public hearing on the Resolution Approving in Principle The Issuance Of Not To Exceed $11,500,000 of Public Finance Authority Educational Facilities Revenue Bonds (Endeavor Charter School Project), Series 2020 for the Benefit of Endeavor Charter School at their meeting on September 15, 2020.
Only the applicant representatives provided comments at that time. With COVID regulations the board had to allow 24 hours after the public hearing to receive any further comments. No other comments were received. The Board needs to vote to ratify the action taken at the September 15, 2020 meeting.
Attachments: Resolution
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1PPAB 5831483v1
RESOLUTION APPROVING IN PRINCIPLE THE ISSUANCE OF NOT TO EXCEED $11,500,000 OF PUBLIC FINANCE AUTHORITY EDUCATIONAL FACILITIES REVENUE BONDS (ENDEAVOR CHARTER SCHOOL PROJECT), SERIES 2020 FOR THE BENEFIT OF ENDEAVOR CHARTER SCHOOL
WHEREAS, the Board of Commissioners (the “Board of Commissioners”) of Wake Forest, North Carolina (the “Town”) met in Wake Forest, North Carolina, at 7:00 p.m. on the 15th
day of September, 2020; and
WHEREAS, the Public Finance Authority (the “Authority”) has tentatively agreed to issue its Educational Facilities Revenue Bonds (Endeavor Charter School Project), Series 2020 (the “Bonds”), in an amount not to exceed $11,500,000, for the purposes of financing a new approximately 55,600 square foot facility which will include dedicated middle school space, expanded elementary school space, a gymnasium and dedicated performing space, and expanded carpool and parking facilities at the Borrower’s campus located at 4879 One World Way, Wake Forest, North Carolina 27587 facility for Endeavor Charter School, Inc., a North Carolina nonprofit corporation, (the “Borrower”), constituting educational facilities (as further defined in the following clause, the “Project”); and
WHEREAS, the Project will be owned by Endeavor Charter School Foundation, Inc., a North Carolina nonprofit corporation, and operated by the Borrower or an affiliated or related entity; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) requires that any bonds issued by the Authority for the Project may only be issued after approval of the plan of financing by the Board of Commissioners of the Town following a public hearing with respect to such plan; and
WHEREAS, the statute under which the Authority is created (the “Act”) requires that any bonds issued by the Authority to finance the Project may only be issued after approval of the plan of financing of the Project by the Board of Commissioners of the Town; and
WHEREAS, the Board of Commissioners has held a public hearing with respect to the issuance of the Bonds, the proceeds of which will be used to finance the Project, as evidenced by the Certificate and Summary of Public Hearing attached hereto as Exhibit A; and
WHEREAS, the Borrower will agree to repay the principal, premium, if any, and interest on the Bonds and the Town will have no liability whatsoever for the payment of principal of, premium, if any, or interest on the Bonds, and the Bonds will not affect the Town’s debt ratios or legal debt limit and the Town will not incur any liability for repayment of the Bonds by approving the Bonds for purposes of Section 147(f) of the Code; and
WHEREAS, the Bonds shall not be deemed to constitute a debt or the Town or a pledge of the faith and credit of the Town, but shall be limited obligations of the Authority payable solely from the loan repayments to be made by the Borrower to the Authority, and shall contain on the
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2PPAB 5831483v1
face thereof a statement to the effect that neither the faith and credit nor the taxing power of the Town is pledged to the payment of the principal of or interest on the Bonds; and
WHEREAS, the Board of Commissioners has determined that approval of the issuance of the Bonds is solely to satisfy the requirements of Section 147(f) of the Code and the Act and shall in no event constitute an endorsement of the Bonds or the Project or the creditworthiness of the Borrower, nor shall such approval in any event be construed to obligate the Town for the payment of the principal of or premium or interest on the Bonds or for the performance of any pledge, mortgage or obligation or agreement of any kind whatsoever which may be undertaken by the Authority, or to constitute the Bonds or any of the agreements or obligations of the Authority an indebtedness of the Town, within the meaning of any constitutional or statutory provision whatsoever;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR WAKE FOREST, NORTH CAROLINA:
1. The proposed issuance of the Authority's Educational Facilities Revenue Bonds (Endeavor Charter School Project), Series 2020, in an amount not to exceed $11,500,000, the proceeds of which will be loaned to the Borrower and used to finance the Project, is hereby approved for purposes of Section 147(f) of the Code and the Act.
2. This resolution shall take effect immediately.
* * * * * * *
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3PPAB 5831483v1
I, Deeda Harris, Clerk to the Board of Commissioners for Wake Forest, North Carolina DO HEREBY CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of the Board of Commissioners for the Town at a regular meeting duly called and held October 6, 2020, as it relates in any way to the resolution hereinabove set forth, and that said proceedings are recorded in Minute Book ____ of the minutes of the Board. Pursuant to N.C.G.S. § 143-318.12, a current copy of a schedule of regular meetings of the Board is on file in my office.
WITNESS my hand and the common seal of said Town, this 6th day of October, 2020.
__________________________________________Deeda Harris, Clerk to the BoardWake Forest, North Carolina, Board of Commissioners
(SEAL)
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4PPAB 5831483v1
Exhibit A
Certificate and Summary
The undersigned Clerk of the Board of Commissioners of Wake Forest, North Carolina, hereby certifies:
1. Notice of a public hearing (the “Hearing”) to be held on September 15, 2020, with respect to the issuance of bonds by the Public Finance Authority (the “Authority”) for the benefit of Endeavor Charter School, Inc. (the "Borrower") was published on September __, 2020, in the Wake Weekly.
2. The presiding officer of the Hearing was ___________________.
3. The following is a list of the names and addresses of all persons who spoke at the Hearing:
4. The following is a summary of the oral comments made at the Hearing:
IN WITNESS WHEREOF, my hand and the seal of Wake Forest, North Carolina, this ____, day of ___________, 2020.
____________________________________Clerk, Board of Commissioners ofWake Forest, North Carolina
(SEAL)
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